While being reluctantly willing to settle for a federal government whose violations of the Constitution were the exception rather than, as today, the rule.
Hmmmm.....I had to go though this already today and explain exactly why I have no reason to think that is possible.
If I were younger and more idealistic I would agree with you and did in fact agree at one time..
I am now much older and have experienced much more and as a result of that and American history to guide me as well, I no longer see that option as viable.
I have certainly become what some might call a Constitutional conservative, but that does not mean that I should believe in a premise that I cannot find a way to implement nor see any sequence of events that could result in it's implementation, even over a long period of time.
I suppose it would take Constitutional historian of like mind to better explain this, but I said earlier that you need to destroy the body of law that contains all the precedents and historical cases to prevent a lawyer or group of lawyers from arguing cases using legal precedent or in this case any recorded constitutional precedents.
When a operating system or program in a computer is corrupted over time, what is the recommended fix...???
I suppose it depends on whether you can save the data or not. If data is not a issue, then the best and really only long-term fix that always works is to reformat it, and reinstall the OS.
Most every possible workaround that saves the old OS, will fail again.
So if you appreciate analogies...that's the one.
About legal precedents..
Again, I am not a lawyer. But any layman with a bit of knowledge and interest can plainly see that SCOTUS and it’s inferior courts all use case law to decide and to argue current cases..This gives the decisions continuity,
As the body of law grows these precedent decisions become like the index to legal decision making. If they become corrupted along the way as these are imperfect men, and they make a bad decision and they never reject or correct it, then every case that follows is bad as well. This happens frequently and it’s so common that we don’t even remember all of them.
Since Trump has misused the tern pathological, I will now use it correctly. Congress and it’s judicial branch brother, have become pathologically defective functionaries who continue to diverge their thinking and precedent law away from the original intent of the Constitution. It’s pathological because they don’t know they are doing it, and will argue that point vociferously.
It’s now even worse as they begin to pull new legal precedent (if they can’t find it in Europe) out of their asses.
It’s broken...It’s corrupted...it’s un-repairable in my view.
At some point in the future there will be a opportunity to reboot the system after the government fails.. I hope that whoever is left, loves the constitution and saves it, but destroys, (reformats) the rest so that the corruption is no longer a threat.
Even with that, measures must be taken to prevent it from recurring, because these imperfections in men are like a mathematical constant. It is always there.